EQUATORIAL NAVIGATION CO., INC. v. BRASILEIRO


281 A.D. 958 (1953)

Equatorial Navigation Co., Inc., Appellant, v. Lloyd Brasileiro, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 14, 1953.


The question in this case, raised on a motion addressed to the summons, without the service of a complaint, is whether the court should decline jurisdiction on the ground of forum non conveniens. In the absence of a complaint in this case, it is impossible to determine whether plaintiff's cause of action is based on a contract made here, as plaintiff contends, or is based upon a tort committed in Brazil, as defendant contends. The order entered upon a motion addressed...

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